Preview
UD-100
ATTORNEY ORPARTYWITHOUT ATTORNEY STATE BARNUMBER: 331659 FOR COURT USE ONLY
NAME: Jacob Zadeh, Esq.
FIRMNAME: JZ Law Group, P.C .
STREET ADDREss 10880 Wilshire Blvd. Suite 1460
cIw Los Angeles STATE: CA ZIP CODE: 90024
TELEPHONE NO.. (310) 598-2813 FAXNO.:
EMAIL ADDREss jacob@jzlaw.law
ATTORNEY FOR(name) 1151 Maple 37 125 Ehs LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
STREET ADDRESS: 111 North Hill Street
MAILINGADDRESS: 111 North Hill Street
cITYANDzIP coDE: Los Angeles, CA 90012
BRANCHNAME: Stanley Mosk Courthouse
PLAINTIFF: 1151 Maple 37 125 Ehs LLC
DEFENDANT: Gerardo Leon
[KJ DOES 1 TO 10
COMPLAINT-UNLAWFUL DETAINER* CASENUMBER:
IT] COMPLAINT ~ AMENDED COMPLAINT (Amendment Number):
Jurisdiction (check all that apply):
0 ACTION IS A LIMITED CIVIL CASE (amount demanded does not exceed $35,000)
Amount demanded D does not exceed $10,000
D exceeds $10,000
[KJ ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $35,000)
0 ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply):
D from unlawful detainer to general unlimited civil (possession not in issue). D from limited to unlimited.
D from unlawful detainer to general limited civil (possession not in issue). D from unlimited to limited.
1. PLAINTIFF (name each):
1151 Maple 37 125 Ehs LLC
alleges causes of action against DEFENDANT (name each):
Gerardo Leon; and DOES 1-10
2. a. Plaintiff is (1) D an individual over the age of 18 years . (4) D a partnership.
(2) D a public agency. (5) D a corporation.
(3) [K] other (specify) : Limited Liability Company
b. [KJ Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify):
1151 Maple 37 125 Ehs LLC
3. a. The venue is the court named above because defendant named above is in possession of the premises located at (street
address, apt. no., city, zip code, and county):
309 E. 12th Street, Unit 309, Los Angeles, CA 90015, Los Angeles County
b. The premises in 3a are (check one)
(1) [KJ within the city limits of (name of city) : Los Angeles
(2) D within the unincorporated area of (name of county) :
c. The premises in 3a were constructed in (approximate year): 1981
4. Plaintiff's interest in the premises is [KJ as owner D other (specify) :
5. The true names and capacities of defendants sued as Does are unknown to plaintiff.
* NOTE: Do not use this form for evictions after sale (Code Civ. Proc. , § 1161a).
Page 1 of 4
Form Approved for Opti onal Use Civil Code. § 1940 et seq;.
Judicia l Counci l of Californi a COMPLAINT-UNLAWFUL DETAINER Code of Civil Procedure , §§ 425. 12, 11 66
UD-1 00 [Rev. January 1, 2024 ] www.courts.ca .gov
UD-100
PLAINTIFF: 1151 Maple 37 125 Ehs LLC CASE NUMBER:
DEFENDANT: Gerardo Leon
6. a. On or about (date) : June 10, 2021
defendant (name each):
Gerardo Leon
(1) agreed to rent the premises as a D month-to-month tenancy [K] other tenancy (specify) : 3-year lease
(2) agreed to pay rent of $ 2,729.50 payable [KJ monthly D
other (specify frequency):
(3) agreed to pay rent on the [KJ first of the month D other day (specify) :
b. This [KJ written D oral agreement was made with
(1) D plaintiff. (3) D plaintiff's predecessor in interest.
(2)[KJ plaintiff's agent. (4) D
Other (specify) :
c. [KJ The defendants not named in item 6a are
(1) D subtenants.
(2) D assignees.
(3) [KJ Other (specify): All Unknown Occupants
d. D The agreement was later changed as follows (specify) :
e. [K] A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached
and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.)
f. D (For residential property) A copy of the written agreement is not attached because (specify reason):
(1) D the written agreement is not in the possession of the landlord or the landlord's employees or agents.
(2) D this action is solely for nonpayment of rent (Code Civ. Proc. , § 1161 (2)) .
7. The tenancy described in 6 (complete (a) or (b))
a. [KJ is not subject to the Tenant Protection Act of 2019 (Civil Code, § 1946.2). The specific subpart supporting why tenancy
is exempt is (specify): Commercial
b. D is subject to the Tenant Protection Act of 2019.
8. (Complete only if item lb is checked. Check all applicable boxes.)
a. [K] The tenancy was terminated for at-fault just cause (Civil Code, § 1946.2(b)(1 )).
b. D The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one)
(1) D waived the payment of rent for the final month of the tenancy, before the rent came due, under
section 1946.2(d)(2), in the amount of $
(2) D provided a direct payment of one month's rent under section 1946.2(d)(3), equaling $
to (name each defendant and amount given to each):
c. D Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action.
9. a. [KJ Defendant (name each) : Gerardo Leon ; All Unknown Occupants
was served the following notice on the same date and in the same manner:
(1) [KJ 3-day notice to pay rent or quit (5) D 3-day notice to perform covenants or quit
(2) D 30-day notice to quit (not applicable if item lb checked)
(3) D 60-day notice to quit
(6) D 3-day notice to quit under Civil Code, § 1946.2(c)
Prior required notice to perform covenants served (date) :
(4) D 3-day notice to quit
(7) D Other (specify) :
UD-100 [Rev. January 1. 2024) Page 2 of4
COMPLAINT-UNLAWFUL DETAINER
UD-100
PLAINTIFF: 1151 Maple 37 125 Ehs LLC CASE NUMBER:
DEFENDANT: Gerardo Leon
9. b. (1) On (date): May 6, 2024 the period stated in the notice checked in 9a expired at the end of the day.
(2) Defendants failed to comply with the requirements of the notice by that date.
c. All facts stated in the notice are true.
d. [KJ The notice included an election of forfeiture.
e. [K] A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166.
When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.)
f. D One or more defendants were served (1) with the prior required notice under Civil Code, § 1946.2(c), (2) with a different
notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a
statement providing the information required by items 9a-e and 10 for each defendant and notice.)
10. a. [KJ The notice in item 9a was served on the defendant named in item 9a as follows:
(1) D By personally handing a copy to defendant on (date):
(2) D By leaving a copy with (name or description) :
a person of suitable age and discretion, on (date): at defendant's
D residence D business AND mailing a copy to defendant at defendant's place of residence
on (date): because defendant cannot be found at defendant's residence or usual place of business.
(3) [KJ By posting a copy on the premises on (date): May 1, 2024
[KJ AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises
on (date): May 1, 2024
(a) D because defendant's residence and usual place of business cannot be ascertained OR
(b) [KJ because no person of suitable age or discretion can be found there.
(4) D (Not for 3-day notice; see Civil Code,§ 1946, before using) By sending a copy by certified or registered mail
addressed to defendant on (date) :
(5) D (Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written
commercial lease between the parties
b. D (Name):
was served on behalf of all defendants who signed a joint written rental agreement.
c. D Information about service of notice on the defendants alleged in item 9f is stated in Attachment 10c.
d. [KJ Proof of service of the notice in item 9a is attached and labeled Exhibit 3.
11 . D Plaintiff demands possession from each defendant because of expiration of a fixed-term lease.
12. [K] At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $23,374 .50
13. [KJ The fair rental value of the premises is $ 90.98 per day.
14. D Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure
section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 14.)
15. [KJ A written agreement between the parties provides for attorney fees.
16. D Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and
date of passage):
Plaintiff has met all applicable requirements of the ordinances.
17. D Other allegations are stated in Attachment 17.
18. Plaintiff accepts the jurisdictional limit, if any, of the court.
UD-100 [Rev. January 1. 2024) Page 3 of 4
COMPLAINT-UNLAWFUL DETAINER
PLAINTIFF: 1151 Maple 37125 Ehs LLC CASE NUMBER:
DEFENDANT: Gerardo Leon
19. PLAINTIFF REQUESTS
a. possession of the premises. f. D damages in the amount of waived rent or relocation assistance
b. costs incurred in this proceeding: as stated in item 8: $
c. [TI past-due rent of$ 23,374.50 g. [TI damages at the rate stated in item 13 from
d. [TI reasonable attorney fees. date : May 7, 2024
e. [TI forfeiture of the agreement. for each day that defendants remain in possession through entry of judgment.
h. D statutory damages up to $600 for the conduct alleged in item 14.
i. D other (specify) :
20. [TI Number of pages attached (specify): 14
UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code,§§ 6400-6415)
21. [TI (Complete in all cases.) An unlawful detainer assistant [TI did not D did
for compensation give advice or assistance with this form. (If dec/arant has received any help or advice for pay from an unlawful
detainer assistant, complete a-f.)
a. Assistant's name: c. Telephone no.:
b. Street address, city, and zip code: d. County of registration:
e. Registration no.:
f. Expires on (date) :
Date: May 8, 2024
Jacob Zadeh , Esq. â–º
(TYPE OR PRINT NAM E) (S IGNATURE OF PLAINTIFF OR ATTORNEY)
VERIFICATION
(Use a different verification form if the verification is by an attorney or for a corporation or partnership.)
I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of
California that the foregoing is true and correct.
Date: May 8, 2024
See attached Verification â–º
(TYPE OR PRINT NAM E) (S IGNATURE OF PLAINTIFF)
UD-1 00 [Rev. January 1, 2024) Page 4 of 4
COMPLAINT-UNLAWFUL DETAINER
1
VERIFICATION
2 STATE OF CALIFORNIA
3 I am a Manager of 1151 Maple 37 125 Ehs LLC, a party to this action, and am
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authorized to make this verification for and on its behalf, and I make this verification for that
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reason. I have read the foregoing Unlawful Detainer Complaint and know of its contents. I am
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7 informed and believe, and on that ground allege, that the matters stated in the foregoing
8 document are true. The matters stated in the foregoing document are true to my own knowledge
9 except as to those matters which are stated on information and belief, and as to those matters, I
10
believe them to be true. I declare under penalty of perjury under the laws of the State of
11
California that the foregoing is true and correct.
12
May 8, 2024
Executed on ______________________, Los Angeles, CA
at __________________.
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______________________
15 Efrem Harkham
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1
EXHIBIT '' 1 ''
CALJFORNlA
COMMERCIAL LEASE AGREEMENT
ASSOCIATION (C.A.R. Form CL, Revised 12/1!"")
OF REALTORS®
Date (For reference only): June 10, 2021 ___ _
- ------------~11~5-~1~M~a=p=l=e~•1_AHPl',)..LC _ _ ... ___("Landlord") and
Gerardo
--- -- - . - - - - - - ~ ~--~ Leon
~~--
_____ __ ("Tenant") agree as follows :
1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 309 East 12th Street,
Los Angeles, CA 90015 _ _ _____ _____ . .. _ .. ________ ("Premises"), which
comprise approximately 8.000 % of the total square footage of rentable space in the s1tire property. See exhibit . for a further
description of the Premises:-- - - • - - ----· -·- -
2. TERM: The term begins on (date) _______________ July 1,_j_QlL ___ ________ ___________ ("Commencement Date").
(Check A or B):
X A. Lease: and shall terminate on (date) June 30, 2024 at 5:00 _ AM X PM. Any holding over after
the term of this agreement expires, with Landlord's consent, shall create a month-to-month tenancy that either party may terminate as
specified in paragraph 2B- Rent shall be at a rate equal to the rent tor the immediately preceding month, payable in advance. All other
terms and conditions of this agreement shall remain in full force and eflect.
B. Month-to-month: and continues as a month-to-month tenancy_ Either party r.,ay terminate the tenancy by giving written notice to the
other at least 30 days prior to the intended termination date. subject to any applicable laws. Such notice may be given on any date.
C. RENEWAL OR EXTENSION TERMS: See attached addendum - - - - - - - - - - - -
3. BASE RENT:
A. ~nant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:)
(1) $_ _ _ _ _ ____ per month, for the term of the agreement.
(2) $ _ _ _ _ _ _ _ _ __ _per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration
of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor
Statistics of the Department of Labor for All Urban Consumers ("CPI") tor ____ _ . ___ . - - - - - - -· ________
(the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most cu rrent CPI
preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the
Commencement Date. In no event shall any adjusted Base Rent be less than 1ne Base Rent for the month immediately preceding the
adjustment. If the CPI is no longer published, then the adjustment lo Base Rent shall be based on an alternate index that most closely
reflects the CPI.
X (3) $2,650.00 per month for the period commencing Ju:y 1, 2021 and ending June 30, 2023 and
$2,729.50 per month for the period commencing ___.J_yj_v_ 1,__gp23 - and ending ~e
30, 202_4____ and
$_ _ _ _ _ _ _ _ _ per month for the period commencing ____ and ending _ _ _ _ _ __
(4) In accordance with the attached rent schedule.
(5) Other:
B. Base Rent is pay-ab ~l-e~in- a~
d_va_n_c_e_o_n_t~t1-•-t~(o
- r- - - -====- - ) day of each calendarnonlh,-and is delinquent on the next day.
C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based
on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Co;nm,~ncement Date, Base Rent for the second calendar month
shall be prorated based on a 30-day period.
4. RENT:
A. Definition: ("Rent") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit.
B. Payment: Rent shall be paid to (Name) _ _ _ _ _ _ _ 1151 Maple-1 AHPP, LLC . __ . _ _ _ _______ at (address)
2050 S. Bundy Drive #210,_J:.:~s-~'!9.'!f.e_s, CA 900~~ _ _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , or at any other
location specified by Landlord in writing to Tenant.
C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord.
5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on _ __
!!_ Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligaied to pay Base Rent , and (il)Tenant_::'.:'_is
_ is not obligated to pay Rent other than Base Rent. Whether or not Tenant is oblig, ted to pay Rent prior to Commencement Date, Tenant is
obligated to comply with all other terms of this agreement.
6. SECURITY DEPOSIT:
A. Tenant agrees to pay Landlord $2,900.00 as a security deposit. Tenant agrees not to hold Broker responsible for its
return. (IF CHECKED:) ·· -·· It Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same
proportion as the increase in Base Rent.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges.
non-sufficient funds ("NSF") lees, or other sums due; (ii) repair damage, excluding or-,inary wear and tear, caused by Tenant or by a guest or
licensee ot Tenant; (Iii) broom clean the Premises, it necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of
Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF ?AYMENT OF LAST MONTH'S RENT. If all or any portion of
the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to
Tenant. Within 30 days after Landlord receives possession ot the Premises, LandlorJ shall: (I) furnish Tenant an itemized statement indicating the
amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant.
However, if the Landlord's only claim upon the security deposit is for unpaid Rent. then the remaining portion of the security deposit, after
deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession.
C. No interest will be paid on security deposit, unless required by local ordinance.
Landlord's Initials ( ~_) ( _ _ _) Tenant's Initials (_ .J l--. ) (___ __)
© 2015, California Association of REALTORS®. Inc_
CL REVISED 12/15 (PAGE 1 OF 6)
COMMERCIAL LEASE AGREEMENT CL PAGE 1 OF 6
JNM FIMlty 2050 S. Bundy Driva,Suita 210 Loa Ang-, CA II0025 Pt.one: (310)74661123 Fax: 311).299-2431 :ll9 e12th-
Joubin MaNXJdielâ– I Produced with Lone Wolf Transactions (zipFo,m Edition) 231 Shearson c,_Camb,;dge, Ontario, Canada N1T IJS www.lwolf.com
Premises: 309 East 12th Street, Los A.~!l'!t'!!>. CA 90015 ___________ Date June 10, 2021
7. PAYMENTS:
PAYMENT
TOTAi DlJE BEGEIYE:::> RAl ANGE QlJE DlJE DATE
A. Rent: From 07/01/2021 To 07/30/2021 $ 2,650.00 $ $ 07/01/2021 __ __ .
Date Date
B. Security Deposit .. . . . ...... . . $ 2,900.00 $ _ _ _2
~ _900.00 $ _ _ _ _ _ __ 07/01/2021
C. Other: $ $ $ _ _ _ _ _ __
Category
D. Other: - e- • - - - • • •• -- ~ "' - •
$ $ $
Category
E. Total: ...... . .. .. .. ..... . .. . ..... . . . .. $ 5,550.00 $ $
8. PARKING: Tenant is entitled to O unreserved and O reserved vehicle parking spaces. The
right to parking = is x_
is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee
shall be an additional $ _ _ _ _ _ _ _ _ _ per month. Parking space(s) are le be used for parking operable motor vehicles, except for
trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept
clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking ;paces or on the Premises. Mechanical work or storage
of inoperable vehicles is not allowed in parking space(s) or elsewhere on the Premises. Nu overnight parking is permitted.
9. ADDITIONAL STORAGE: Storage is permitted as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
The right to additional storage space= is Xis not included in the Base Rent cha,ged pursuant to paragraph 3. If not included in Base Rent,
storage space shall be an additional $ _ _ _ _ _ _ _ _ per month. Tenant shall :,tore only personal property that Tenant owns, and shall not
store property that is claimed by another, or in which another has any right , title, or interest. Tenant shall not store any improperly packaged food or
perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the
clean-up of any contamination caused by Tenant's use of the storage area.
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause
Landlord to incur costs and expenses, the exact amount of which are extremely difficu!! ,m,' impractical to determine. These costs may include, but
are not limited to, processing, enforcement and accounting expenses, and late chargf'G imposed on Landlord. If any installment of Rent due from
Tenant is not received by Landlord within 5 calendar days after date due. or if a check is returned NSF, Tenant shall pay to Landlord, respectively,
$500.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be
deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur
by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent.
Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late
Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other
rights and remedies under this agreement, and as provided by law.
11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the
following exceptions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ..
Items listed as exceptions shall be dealt with in the following manner: _ _ _ _ _ _ _ _ _ __
12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and :adP.ral laws, regulations and ordinances ("Laws"). Landlord
makes no representation or warranty that Premises are now or in the future will be suitable lor Tenant's use. Tenant has made its own investigation
regarding all applicable Laws.
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant. _ _ _ _ __
14. PROPERTY OPERATING EXPENSES:
A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to,
common area maintenance, consolidated utility and service bills, insurance, and real property taxes, based on the ratio of the square footage
of the Premises to the total square footage of the rentable space in the entire property.
---- -- -- - -- -- - -- -- - - - -- - - - · - - - - - - - - - - - - - -
ORB. .X (If checkad)Paragraph 14 does not apply.
15. USE: The Premises are for the sole use as Engraving and Custom Embroidery ___ _
No other use is permitted without Landlord's prior written consent. If any use by Tenar.t causes an increase in the premium on Landlord's existing
property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Lay,, affecting its use of the Premises.
16. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are al
any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb,
annoy, endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not
limited to, using, manufacturing, selling, storing. or transporting illicit drugs or other co,1traband, or violate any law or ordinance, or committing a
waste or nuisance on or about the Premises.
17. MAINTENANCE:
A. Tenant OR X (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning. electrical, plumbing and
water systems. if any, and keep glass, windows and doors in operable and safe condi.ion. Unless Landlord is checked, if Tenant fails to maintain
the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost.
B. Landlord OR = (If checked, Tenant) shall maintain the roof, foundation, exterior wa;,s, common areas and
Landlord's Initials (__d: ) (_ _ __ Tenant's Initials ( J l-::,_ )
CL REVISED 121'15 (PAGE 2 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6)
Produced with Lone Wolf Transactions (zipForrn Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com 309 e 12th -
G}
l'l;Jo.!kWm,,:i.c,
Ol"'O lll Uo.l• ~
Premises: 309 East 12th Street, Los Ange/es, _CA 90015 ____ _ _______ .... . - - - - -· Date June 10, 2021
18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's
prior written consent, which shall not be unreasonably vdhhe:d. Any alterations to the Pre.11ises shal l be done according to Law and with required
permits. Tenant shall give Landlord advance notice ot the commencement date of any p•,mned alteration. so that Landlord, at its option, may post a
Notice of Non-Responsibility to prevent potential liens ag2inst Landlord's interest in tt e Premises. Landlord may also require Tenant to provide
Landlord with lien releases from any contractor performing work on the Premises.
19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord
shall be responsible for any other alterations required by Law.
20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or
agreed repairs, alterations, or improvements, or to supply necessary or agreed services, c to show Premises to prospective or actual purchasers,
tenants, mortgagees. lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and
sufficient notice. In an emergency, Landlord or Landlord's representative may enter Pr"lmises al any lime without prior notice.
21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises al any time, and a FOR LEASE sign on the Premises within the 90
(or - _ _ _ _ _ _ ) day period preceding the termination of the agreement.
22. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest
in it, without the prior written consent of Landlord, which shall not be unreasonabl\' withheld. Unless such consent is obtained, any subletting,
assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by volL•ntary act of Tenant, operation of law, or otherwise, shall be
null and void, and, at the option at Landlord, terminate this agreement. Any proposed suble ;see, assignee, or transferee shall submit to Landlord an
application and credit information for Landlord's approval, and, if approved, sign a separ;;le written agreement with Landlord and Tenant. Landlord's
consent to any one sublease, assignment, or transfer, shall not be construed as conser,t to any subsequent sublease, assignment, or transfer, and
does not release Tenant of Tenant's obligation under this agreement.
23. POSSESSION: If Landlord is unable to deliver possession ot Premises on Commencerrent Date, such date shall be extended to the date on which
possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to
deliver possession within 60 ( o r ~ - - - - - ) calendar days after the agreed Commencement Date, Tenant may terminate this agreement by
giving written notice to Landlord, and shall be refunded all Rent and security deposit paid.
24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i) give Landlord all copies of all keys or
opening devices to Premises, including any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal
property; (Ill) vacate all parking and storage spaces· (iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11 ; (V)
clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) . . ... . -----------····-
·----- - - · - - - - - - - - - - - - - - - - - - -
All improvements installed by Tenant, with or without Landlord's consent, become t,e property of Landlord upon termination. Landlord may
nevertheless require Tenant to remove any such improvement that did not exist at the tir:ie :Jossession was made available to Tenant.
25. BREACH OF CONTRACT/EARLY TERMINATION: In event Tenant, prior to expiration of tr,.s agreement, breaches any obligation in this agreement,
abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by
paragraph 24, Tenant shall also be responsible for lost rent, rental commissions, advertisinJexpenses. and painting costs necessary to ready Premises
for re-rental. Landlord may also recover from Tenant: (I) the worth , at the lime of award, of the unpaid Rent that had been earned at lhe lime of
termination; (II) the worth, at the time of award, of the amount by which the unpaid Rent tha• would have been earned after expiration until the time of
award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the
amount by which the unpaid Rent for the balance of the term after the time of award ex,;eeds the amount of such rental loss that Tenant proves could
be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long ..s Landlord does not terminate Tenant's right to possession , by
either written notice of termination of possession or by reletting the Premises to another w'1o takes possession, and Landlord may enforce all Landlord's
rights and remedies under this agreement, including the right to recover the Rent as it becomes due.
26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other
casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete
such restoration within 90 days from the date 'JI damage, subject to the terms of this parag·aph, this agreement shall remain in full force and effect.
If Landlord is unable to restore the Premises within this time, or if Landlord elects not to ~evtore, then either Landlord or Tenant may terminate this
agreement by giving the other written notice. Rent shall be abated as ot the date of damagJ. The abated amount shall be the current monthly Base
Rent prorated on a 30-day basis. If this agreement is not terminated, and lhe damage is not repaired, then Rent shall be reduced based on the
extent to which the damage interferes with Tenant's reasonable use of the Premises. If total or partial destruction or damage occurs as a result ot an
act of Tenant or Tenant's guests, (I) only Landlord shall have the right, at Landlord's sole aiscretion, within 30 days after such total or partial destruction
or damage to treat the lease as terminated by Tenant, 4ii):lLandlord shall have the right to recover damages from Tenant.
27. HAZARDOUS MATERIALS; Tenant shall not use, store, generate, release or dispose ot any hazardous material on the Premises or the property of
which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of
Tenant's business provided that Tenant complies with all applicable Laws related to tr e hazardous materials. Tenant is responsible for the cost of
removal and remediation, or any clean-up of any contamination caused by Tenant.
28. CONDEMNATION: If all or part of the Premises is condemned for public use, either part:,, may terminate this agreement as of the date possession
is given to the condemner. All condemnation proceeds, exclusive of those allocated i:.,y the condemner to Tenant's relocation costs and trade
fixtures, belong to Landlord.
29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles .ire not insured by Landlord against loss or damage due to
fire, theft, vandalism, rain, water, criminal or negligent acts ot others, or any other cause Tenant is to carry Tenant's own property insurance to
protect Tenant from any such loss. In addition, Tenant shall carry (i) liability insurance in an amount of not less than $1,000,000.00 and (ii)
property insurance in an amount sufficient to cover the replacement cost of the prope,1y it Tenant is responsible for maintenance under paragraph
17B. Tenant's insurance shall name Landlord and Landlord's agent as additional insured. Tenant. upon Landlord's request, shall provide Landlord
with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain li?bility insurance insuring Landlord, but not Tenant, in an
amount of at least $2,000,000.00 , plus property insurance in an amount sufficient to cover the replacement cost of the property unless Tenant
is responsible for maintenance pursuant to paragraph 17B. Tenant is advised to carry business interruption insurance in an amount at least
sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and
Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by insurance.
Landlord's Initials ( ~ ) (_ .. Tenant's Initials ( J L.:-:-.. ) (_ __ _ _
CL REVISED 12/15 (PAGE 3 OF 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6)
Produced with Lone Wo lf Transactions (zipForm Edition} 231 Shearson Cr. Cambridge. Ont. •io, Canada NlT 1J5 www.lwolf.com 309 e 12111·
Premises: 309 East 12th Street, Los Angeles, CA 90015 . _ .... _ . ·--·- - - - - - -·-·-----·------ Date _J_un_e_1~0,~2_0_2_1_ _ _ _ __
30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to
Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy st !lament shall acknowledge that this agreement is unmodified
and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's
acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be
treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement
(which will be held in confidence) reasonably requested by a prospective lender or bur&r.
31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's intere~t shall be substituted as Landlord under this agreement.
Landlord will be released of any further obligation to Tenant regarding the security depos1·, only it the security deposit is returned to Tenant upon
such transfer, or ii the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released
of any further liability to Tenant, upon Landlord's transfer.
32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first
mortgage subsequently placed upon the real property of which the Premises are a part, dnd to any advances made on the security of the Premises,
and to all renewals, modifications. consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered
into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so
long as Tenant pays the Rent and observes and performs all of the provisions of this agrnement. unless this agreement is otherwise terminated
pursuant to its terms. If any mortgagee. trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien ot a
mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust,
or ground lease, or the date of recording.
33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant'!l financial documents and rental application are accurate.
Tenant authOrizes Landlord and 8roker(s) to obtain Tenant's credit report at time ot af)i ,li,;.ation and periodically during tenancy in connection with
approval, modification, or enforcement of this agreement. Landlord may cancel this ag1eement: (i) before occupancy begins, upon disapproval of
the credit report(s) ; or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on
Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this
agreement.
34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS: Landlord states that tile Premises= has, or){ has not been inspected by a
Certified Access Specialist. If so, Landlord states that the Premises = has, or X has not been determined to meet all applicable construction-
related accessibility standards pursuant to Civil Code Section 55.53.
35. DISPUTE RESOLUTION:
A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim ariii~g between them out ol this agreement, or any resulting
transaction, before resorting to arbitration or court action, subject to paragraph 358(2) below. Paragraphs 358(2) and (3) apply whether or not
the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to
which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation. or refuses to
mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even ii they would otherwise be
available to that party in any such action. THIS MEDIATION PROVISION APPLlfS WHETHER OR NOT THE ARBITRATION PROVISION IS
INITIALED.
B. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute 01 claim in Law or equity arising between them out of
this agreement or any resultlng transaction, which Is not settled through ml:ldiarion, shall be decided by neutral, binding arbitration,
Including and subject to paragraphs 356(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at
least 5 years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render
an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with
Part Ill, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court
hav
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UD-100 ATTORNEY ORPARTYWITHOUT ATTORNEY STATE BARNUMBER: 331659 FOR COURT USE ONLY NAME: Jacob Zadeh, Esq. FIRMNAME: JZ Law Group, P.C . STREET ADDREss 10880 Wilshire Blvd. Suite 1460 cIw Los Angeles STATE: CA ZIP CODE: 90024 TELEPHONE NO.. (310) 598-2813 FAXNO.: EMAIL ADDREss jacob@jzlaw.law ATTORNEY FOR(name) 1151 Maple 37 125 Ehs LLC SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES STREET ADDRESS: 111 North Hill Street MAILINGADDRESS: 111 North Hill Street cITYANDzIP coDE: Los Angeles, CA 90012 BRANCHNAME: Stanley Mosk Courthouse PLAINTIFF: 1151 Maple 37 125 Ehs LLC DEFENDANT: Gerardo Leon [KJ DOES 1 TO 10 COMPLAINT-UNLAWFUL DETAINER* CASENUMBER: IT] COMPLAINT ~ AMENDED COMPLAINT (Amendment Number): Jurisdiction (check all that apply): 0 ACTION IS A LIMITED CIVIL CASE (amount demanded does not exceed $35,000) Amount demanded D does not exceed $10,000 D exceeds $10,000 [KJ ACTION IS AN UNLIMITED CIVIL CASE (amount demanded exceeds $35,000) 0 ACTION IS RECLASSIFIED by this amended complaint or cross-complaint (check all that apply): D from unlawful detainer to general unlimited civil (possession not in issue). D from limited to unlimited. D from unlawful detainer to general limited civil (possession not in issue). D from unlimited to limited. 1. PLAINTIFF (name each): 1151 Maple 37 125 Ehs LLC alleges causes of action against DEFENDANT (name each): Gerardo Leon; and DOES 1-10 2. a. Plaintiff is (1) D an individual over the age of 18 years . (4) D a partnership. (2) D a public agency. (5) D a corporation. (3) [K] other (specify) : Limited Liability Company b. [KJ Plaintiff has complied with the fictitious business name laws and is doing business under the fictitious name of (specify): 1151 Maple 37 125 Ehs LLC 3. a. The venue is the court named above because defendant named above is in possession of the premises located at (street address, apt. no., city, zip code, and county): 309 E. 12th Street, Unit 309, Los Angeles, CA 90015, Los Angeles County b. The premises in 3a are (check one) (1) [KJ within the city limits of (name of city) : Los Angeles (2) D within the unincorporated area of (name of county) : c. The premises in 3a were constructed in (approximate year): 1981 4. Plaintiff's interest in the premises is [KJ as owner D other (specify) : 5. The true names and capacities of defendants sued as Does are unknown to plaintiff. * NOTE: Do not use this form for evictions after sale (Code Civ. Proc. , § 1161a). Page 1 of 4 Form Approved for Opti onal Use Civil Code. § 1940 et seq;. Judicia l Counci l of Californi a COMPLAINT-UNLAWFUL DETAINER Code of Civil Procedure , §§ 425. 12, 11 66 UD-1 00 [Rev. January 1, 2024 ] www.courts.ca .gov UD-100 PLAINTIFF: 1151 Maple 37 125 Ehs LLC CASE NUMBER: DEFENDANT: Gerardo Leon 6. a. On or about (date) : June 10, 2021 defendant (name each): Gerardo Leon (1) agreed to rent the premises as a D month-to-month tenancy [K] other tenancy (specify) : 3-year lease (2) agreed to pay rent of $ 2,729.50 payable [KJ monthly D other (specify frequency): (3) agreed to pay rent on the [KJ first of the month D other day (specify) : b. This [KJ written D oral agreement was made with (1) D plaintiff. (3) D plaintiff's predecessor in interest. (2)[KJ plaintiff's agent. (4) D Other (specify) : c. [KJ The defendants not named in item 6a are (1) D subtenants. (2) D assignees. (3) [KJ Other (specify): All Unknown Occupants d. D The agreement was later changed as follows (specify) : e. [K] A copy of the written agreement, including any addenda or attachments that form the basis of this complaint, is attached and labeled Exhibit 1. (Required for residential property, unless item 6f is checked. See Code Civ. Proc., § 1166.) f. D (For residential property) A copy of the written agreement is not attached because (specify reason): (1) D the written agreement is not in the possession of the landlord or the landlord's employees or agents. (2) D this action is solely for nonpayment of rent (Code Civ. Proc. , § 1161 (2)) . 7. The tenancy described in 6 (complete (a) or (b)) a. [KJ is not subject to the Tenant Protection Act of 2019 (Civil Code, § 1946.2). The specific subpart supporting why tenancy is exempt is (specify): Commercial b. D is subject to the Tenant Protection Act of 2019. 8. (Complete only if item lb is checked. Check all applicable boxes.) a. [K] The tenancy was terminated for at-fault just cause (Civil Code, § 1946.2(b)(1 )). b. D The tenancy was terminated for no-fault just cause (Civil Code, § 1946.2(b)(2)) and the plaintiff (check one) (1) D waived the payment of rent for the final month of the tenancy, before the rent came due, under section 1946.2(d)(2), in the amount of $ (2) D provided a direct payment of one month's rent under section 1946.2(d)(3), equaling $ to (name each defendant and amount given to each): c. D Because defendant failed to vacate, plaintiff is seeking to recover the total amount in 8b as damages in this action. 9. a. [KJ Defendant (name each) : Gerardo Leon ; All Unknown Occupants was served the following notice on the same date and in the same manner: (1) [KJ 3-day notice to pay rent or quit (5) D 3-day notice to perform covenants or quit (2) D 30-day notice to quit (not applicable if item lb checked) (3) D 60-day notice to quit (6) D 3-day notice to quit under Civil Code, § 1946.2(c) Prior required notice to perform covenants served (date) : (4) D 3-day notice to quit (7) D Other (specify) : UD-100 [Rev. January 1. 2024) Page 2 of4 COMPLAINT-UNLAWFUL DETAINER UD-100 PLAINTIFF: 1151 Maple 37 125 Ehs LLC CASE NUMBER: DEFENDANT: Gerardo Leon 9. b. (1) On (date): May 6, 2024 the period stated in the notice checked in 9a expired at the end of the day. (2) Defendants failed to comply with the requirements of the notice by that date. c. All facts stated in the notice are true. d. [KJ The notice included an election of forfeiture. e. [K] A copy of the notice is attached and labeled Exhibit 2. (Required for residential property. See Code Civ. Proc., § 1166. When Civil Code, § 1946.2(c), applies and two notices are required, provide copies of both.) f. D One or more defendants were served (1) with the prior required notice under Civil Code, § 1946.2(c), (2) with a different notice, (3) on a different date, or (4) in a different manner, as stated in Attachment 10c. (Check item 10c and attach a statement providing the information required by items 9a-e and 10 for each defendant and notice.) 10. a. [KJ The notice in item 9a was served on the defendant named in item 9a as follows: (1) D By personally handing a copy to defendant on (date): (2) D By leaving a copy with (name or description) : a person of suitable age and discretion, on (date): at defendant's D residence D business AND mailing a copy to defendant at defendant's place of residence on (date): because defendant cannot be found at defendant's residence or usual place of business. (3) [KJ By posting a copy on the premises on (date): May 1, 2024 [KJ AND giving a copy to a person found residing at the premises AND mailing a copy to defendant at the premises on (date): May 1, 2024 (a) D because defendant's residence and usual place of business cannot be ascertained OR (b) [KJ because no person of suitable age or discretion can be found there. (4) D (Not for 3-day notice; see Civil Code,§ 1946, before using) By sending a copy by certified or registered mail addressed to defendant on (date) : (5) D (Not for residential tenancies; see Civil Code, § 1953, before using) In the manner specified in a written commercial lease between the parties b. D (Name): was served on behalf of all defendants who signed a joint written rental agreement. c. D Information about service of notice on the defendants alleged in item 9f is stated in Attachment 10c. d. [KJ Proof of service of the notice in item 9a is attached and labeled Exhibit 3. 11 . D Plaintiff demands possession from each defendant because of expiration of a fixed-term lease. 12. [K] At the time the 3-day notice to pay rent or quit was served, the amount of rent due was $23,374 .50 13. [KJ The fair rental value of the premises is $ 90.98 per day. 14. D Defendant's continued possession is malicious, and plaintiff is entitled to statutory damages under Code of Civil Procedure section 1174(b). (State specific facts supporting a claim up to $600 in Attachment 14.) 15. [KJ A written agreement between the parties provides for attorney fees. 16. D Defendant's tenancy is subject to the local rent control or eviction control ordinance of (city or county, title of ordinance, and date of passage): Plaintiff has met all applicable requirements of the ordinances. 17. D Other allegations are stated in Attachment 17. 18. Plaintiff accepts the jurisdictional limit, if any, of the court. UD-100 [Rev. January 1. 2024) Page 3 of 4 COMPLAINT-UNLAWFUL DETAINER PLAINTIFF: 1151 Maple 37125 Ehs LLC CASE NUMBER: DEFENDANT: Gerardo Leon 19. PLAINTIFF REQUESTS a. possession of the premises. f. D damages in the amount of waived rent or relocation assistance b. costs incurred in this proceeding: as stated in item 8: $ c. [TI past-due rent of$ 23,374.50 g. [TI damages at the rate stated in item 13 from d. [TI reasonable attorney fees. date : May 7, 2024 e. [TI forfeiture of the agreement. for each day that defendants remain in possession through entry of judgment. h. D statutory damages up to $600 for the conduct alleged in item 14. i. D other (specify) : 20. [TI Number of pages attached (specify): 14 UNLAWFUL DETAINER ASSISTANT (Bus. & Prof. Code,§§ 6400-6415) 21. [TI (Complete in all cases.) An unlawful detainer assistant [TI did not D did for compensation give advice or assistance with this form. (If dec/arant has received any help or advice for pay from an unlawful detainer assistant, complete a-f.) a. Assistant's name: c. Telephone no.: b. Street address, city, and zip code: d. County of registration: e. Registration no.: f. Expires on (date) : Date: May 8, 2024 Jacob Zadeh , Esq. ► (TYPE OR PRINT NAM E) (S IGNATURE OF PLAINTIFF OR ATTORNEY) VERIFICATION (Use a different verification form if the verification is by an attorney or for a corporation or partnership.) I am the plaintiff in this proceeding and have read this complaint. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: May 8, 2024 See attached Verification ► (TYPE OR PRINT NAM E) (S IGNATURE OF PLAINTIFF) UD-1 00 [Rev. January 1, 2024) Page 4 of 4 COMPLAINT-UNLAWFUL DETAINER 1 VERIFICATION 2 STATE OF CALIFORNIA 3 I am a Manager of 1151 Maple 37 125 Ehs LLC, a party to this action, and am 4 authorized to make this verification for and on its behalf, and I make this verification for that 5 reason. I have read the foregoing Unlawful Detainer Complaint and know of its contents. I am 6 7 informed and believe, and on that ground allege, that the matters stated in the foregoing 8 document are true. The matters stated in the foregoing document are true to my own knowledge 9 except as to those matters which are stated on information and belief, and as to those matters, I 10 believe them to be true. I declare under penalty of perjury under the laws of the State of 11 California that the foregoing is true and correct. 12 May 8, 2024 Executed on ______________________, Los Angeles, CA at __________________. 13 14 ______________________ 15 Efrem Harkham 16 17 18 19 20 21 22 23 24 25 26 27 28 1 EXHIBIT '' 1 '' CALJFORNlA COMMERCIAL LEASE AGREEMENT ASSOCIATION (C.A.R. Form CL, Revised 12/1!"") OF REALTORS® Date (For reference only): June 10, 2021 ___ _ - ------------~11~5-~1~M~a=p=l=e~•1_AHPl',)..LC _ _ ... ___("Landlord") and Gerardo --- -- - . - - - - - - ~ ~--~ Leon ~~-- _____ __ ("Tenant") agree as follows : 1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and improvements described as: 309 East 12th Street, Los Angeles, CA 90015 _ _ _____ _____ . .. _ .. ________ ("Premises"), which comprise approximately 8.000 % of the total square footage of rentable space in the s1tire property. See exhibit . for a further description of the Premises:-- - - • - - ----· -·- - 2. TERM: The term begins on (date) _______________ July 1,_j_QlL ___ ________ ___________ ("Commencement Date"). (Check A or B): X A. Lease: and shall terminate on (date) June 30, 2024 at 5:00 _ AM X PM. Any holding over after the term of this agreement expires, with Landlord's consent, shall create a month-to-month tenancy that either party may terminate as specified in paragraph 2B- Rent shall be at a rate equal to the rent tor the immediately preceding month, payable in advance. All other terms and conditions of this agreement shall remain in full force and eflect. B. Month-to-month: and continues as a month-to-month tenancy_ Either party r.,ay terminate the tenancy by giving written notice to the other at least 30 days prior to the intended termination date. subject to any applicable laws. Such notice may be given on any date. C. RENEWAL OR EXTENSION TERMS: See attached addendum - - - - - - - - - - - - 3. BASE RENT: A. ~nant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:) (1) $_ _ _ _ _ ____ per month, for the term of the agreement. (2) $ _ _ _ _ _ _ _ _ __ _per month, for the first 12 months of the agreement. Commencing with the 13th month, and upon expiration of each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor Statistics of the Department of Labor for All Urban Consumers ("CPI") tor ____ _ . ___ . - - - - - - -· ________ (the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most cu rrent CPI preceding the first calendar month during which the adjustment is to take effect, and divided by the most recent CPI preceding the Commencement Date. In no event shall any adjusted Base Rent be less than 1ne Base Rent for the month immediately preceding the adjustment. If the CPI is no longer published, then the adjustment lo Base Rent shall be based on an alternate index that most closely reflects the CPI. X (3) $2,650.00 per month for the period commencing Ju:y 1, 2021 and ending June 30, 2023 and $2,729.50 per month for the period commencing ___.J_yj_v_ 1,__gp23 - and ending ~e 30, 202_4____ and $_ _ _ _ _ _ _ _ _ per month for the period commencing ____ and ending _ _ _ _ _ __ (4) In accordance with the attached rent schedule. (5) Other: B. Base Rent is pay-ab ~l-e~in- a~ d_va_n_c_e_o_n_t~t1-•-t~(o - r- - - -====- - ) day of each calendarnonlh,-and is delinquent on the next day. C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Co;nm,~ncement Date, Base Rent for the second calendar month shall be prorated based on a 30-day period. 4. RENT: A. Definition: ("Rent") shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit. B. Payment: Rent shall be paid to (Name) _ _ _ _ _ _ _ 1151 Maple-1 AHPP, LLC . __ . _ _ _ _______ at (address) 2050 S. Bundy Drive #210,_J:.:~s-~'!9.'!f.e_s, CA 900~~ _ _____ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , or at any other location specified by Landlord in writing to Tenant. C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord. 5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on _ __ !!_ Tenant is in possession prior to the Commencement Date, during this time (i) Tenant is not obligaied to pay Base Rent , and (il)Tenant_::'.:'_is _ is not obligated to pay Rent other than Base Rent. Whether or not Tenant is oblig, ted to pay Rent prior to Commencement Date, Tenant is obligated to comply with all other terms of this agreement. 6. SECURITY DEPOSIT: A. Tenant agrees to pay Landlord $2,900.00 as a security deposit. Tenant agrees not to hold Broker responsible for its return. (IF CHECKED:) ·· -·· It Base Rent increases during the term of this agreement, Tenant agrees to increase security deposit by the same proportion as the increase in Base Rent. B. All or any portion of the security deposit may be used, as reasonably necessary, to: (i) cure Tenant's default in payment of Rent, late charges. non-sufficient funds ("NSF") lees, or other sums due; (ii) repair damage, excluding or-,inary wear and tear, caused by Tenant or by a guest or licensee ot Tenant; (Iii) broom clean the Premises, it necessary, upon termination of tenancy; and (iv) cover any other unfulfilled obligation of Tenant. SECURITY DEPOSIT SHALL NOT BE USED BY TENANT IN LIEU OF ?AYMENT OF LAST MONTH'S RENT. If all or any portion of the security deposit is used during tenancy, Tenant agrees to reinstate the total security deposit within 5 days after written notice is delivered to Tenant. Within 30 days after Landlord receives possession ot the Premises, LandlorJ shall: (I) furnish Tenant an itemized statement indicating the amount of any security deposit received and the basis for its disposition, and (ii) return any remaining portion of security deposit to Tenant. However, if the Landlord's only claim upon the security deposit is for unpaid Rent. then the remaining portion of the security deposit, after deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession. C. No interest will be paid on security deposit, unless required by local ordinance. Landlord's Initials ( ~_) ( _ _ _) Tenant's Initials (_ .J l--. ) (___ __) © 2015, California Association of REALTORS®. Inc_ CL REVISED 12/15 (PAGE 1 OF 6) COMMERCIAL LEASE AGREEMENT CL PAGE 1 OF 6 JNM FIMlty 2050 S. Bundy Driva,Suita 210 Loa Ang-, CA II0025 Pt.one: (310)74661123 Fax: 311).299-2431 :ll9 e12th- Joubin MaNXJdiel■I Produced with Lone Wolf Transactions (zipFo,m Edition) 231 Shearson c,_Camb,;dge, Ontario, Canada N1T IJS www.lwolf.com Premises: 309 East 12th Street, Los A.~!l'!t'!!>. CA 90015 ___________ Date June 10, 2021 7. PAYMENTS: PAYMENT TOTAi DlJE BEGEIYE:::> RAl ANGE QlJE DlJE DATE A. Rent: From 07/01/2021 To 07/30/2021 $ 2,650.00 $ $ 07/01/2021 __ __ . Date Date B. Security Deposit .. . . . ...... . . $ 2,900.00 $ _ _ _2 ~ _900.00 $ _ _ _ _ _ __ 07/01/2021 C. Other: $ $ $ _ _ _ _ _ __ Category D. Other: - e- • - - - • • •• -- ~ "' - • $ $ $ Category E. Total: ...... . .. .. .. ..... . .. . ..... . . . .. $ 5,550.00 $ $ 8. PARKING: Tenant is entitled to O unreserved and O reserved vehicle parking spaces. The right to parking = is x_ is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall be an additional $ _ _ _ _ _ _ _ _ _ per month. Parking space(s) are le be used for parking operable motor vehicles, except for trailers, boats, campers, buses or trucks (other than pick-up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked in parking ;paces or on the Premises. Mechanical work or storage of inoperable vehicles is not allowed in parking space(s) or elsewhere on the Premises. Nu overnight parking is permitted. 9. ADDITIONAL STORAGE: Storage is permitted as follows: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ The right to additional storage space= is Xis not included in the Base Rent cha,ged pursuant to paragraph 3. If not included in Base Rent, storage space shall be an additional $ _ _ _ _ _ _ _ _ per month. Tenant shall :,tore only personal property that Tenant owns, and shall not store property that is claimed by another, or in which another has any right , title, or interest. Tenant shall not store any improperly packaged food or perishable goods, flammable materials, explosives, or other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the clean-up of any contamination caused by Tenant's use of the storage area. 10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord to incur costs and expenses, the exact amount of which are extremely difficu!! ,m,' impractical to determine. These costs may include, but are not limited to, processing, enforcement and accounting expenses, and late chargf'G imposed on Landlord. If any installment of Rent due from Tenant is not received by Landlord within 5 calendar days after date due. or if a check is returned NSF, Tenant shall pay to Landlord, respectively, $500.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be deemed additional Rent. Landlord and Tenant agree that these charges represent a fair and reasonable estimate of the costs Landlord may incur by reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent. Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge or NSF fee shall not be deemed an extension of the date Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and remedies under this agreement, and as provided by law. 11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the following exceptions: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. Items listed as exceptions shall be dealt with in the following manner: _ _ _ _ _ _ _ _ _ __ 12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and :adP.ral laws, regulations and ordinances ("Laws"). Landlord makes no representation or warranty that Premises are now or in the future will be suitable lor Tenant's use. Tenant has made its own investigation regarding all applicable Laws. 13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant. _ _ _ _ __ 14. PROPERTY OPERATING EXPENSES: A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common area maintenance, consolidated utility and service bills, insurance, and real property taxes, based on the ratio of the square footage of the Premises to the total square footage of the rentable space in the entire property. ---- -- -- - -- -- - -- -- - - - -- - - - · - - - - - - - - - - - - - - ORB. .X (If checkad)Paragraph 14 does not apply. 15. USE: The Premises are for the sole use as Engraving and Custom Embroidery ___ _ No other use is permitted without Landlord's prior written consent. If any use by Tenar.t causes an increase in the premium on Landlord's existing property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Lay,, affecting its use of the Premises. 16. RULES/REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are al any time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb, annoy, endanger, or interfere with other tenants of the building or neighbors, or use the Premises for any unlawful purposes, including, but not limited to, using, manufacturing, selling, storing. or transporting illicit drugs or other co,1traband, or violate any law or ordinance, or committing a waste or nuisance on or about the Premises. 17. MAINTENANCE: A. Tenant OR X (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning. electrical, plumbing and water systems. if any, and keep glass, windows and doors in operable and safe condi.ion. Unless Landlord is checked, if Tenant fails to maintain the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost. B. Landlord OR = (If checked, Tenant) shall maintain the roof, foundation, exterior wa;,s, common areas and Landlord's Initials (__d: ) (_ _ __ Tenant's Initials ( J l-::,_ ) CL REVISED 121'15 (PAGE 2 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 2 OF 6) Produced with Lone Wolf Transactions (zipForrn Edition) 231 Shearson Cr. Cambridge, Ontario, Canada N1T 1J5 www.lwolf.com 309 e 12th - G} l'l;Jo.!kWm,,:i.c, Ol"'O lll Uo.l• ~ Premises: 309 East 12th Street, Los Ange/es, _CA 90015 ____ _ _______ .... . - - - - -· Date June 10, 2021 18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's prior written consent, which shall not be unreasonably vdhhe:d. Any alterations to the Pre.11ises shal l be done according to Law and with required permits. Tenant shall give Landlord advance notice ot the commencement date of any p•,mned alteration. so that Landlord, at its option, may post a Notice of Non-Responsibility to prevent potential liens ag2inst Landlord's interest in tt e Premises. Landlord may also require Tenant to provide Landlord with lien releases from any contractor performing work on the Premises. 19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord shall be responsible for any other alterations required by Law. 20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed repairs, alterations, or improvements, or to supply necessary or agreed services, c to show Premises to prospective or actual purchasers, tenants, mortgagees. lenders, appraisers, or contractors. Landlord and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient notice. In an emergency, Landlord or Landlord's representative may enter Pr"lmises al any lime without prior notice. 21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises al any time, and a FOR LEASE sign on the Premises within the 90 (or - _ _ _ _ _ _ ) day period preceding the termination of the agreement. 22. SUBLETTING/ASSIGNMENT: Tenant shall not sublet or encumber all or any part of Premises, or assign or transfer this agreement or any interest in it, without the prior written consent of Landlord, which shall not be unreasonabl\' withheld. Unless such consent is obtained, any subletting, assignment, transfer, or encumbrance of the Premises, agreement, or tenancy, by volL•ntary act of Tenant, operation of law, or otherwise, shall be null and void, and, at the option at Landlord, terminate this agreement. Any proposed suble ;see, assignee, or transferee shall submit to Landlord an application and credit information for Landlord's approval, and, if approved, sign a separ;;le written agreement with Landlord and Tenant. Landlord's consent to any one sublease, assignment, or transfer, shall not be construed as conser,t to any subsequent sublease, assignment, or transfer, and does not release Tenant of Tenant's obligation under this agreement. 23. POSSESSION: If Landlord is unable to deliver possession ot Premises on Commencerrent Date, such date shall be extended to the date on which possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord is unable to deliver possession within 60 ( o r ~ - - - - - ) calendar days after the agreed Commencement Date, Tenant may terminate this agreement by giving written notice to Landlord, and shall be refunded all Rent and security deposit paid. 24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (i) give Landlord all copies of all keys or opening devices to Premises, including any common areas; (ii) vacate Premises and surrender it to Landlord empty of all persons and personal property; (Ill) vacate all parking and storage spaces· (iv) deliver Premises to Landlord in the same condition as referenced in paragraph 11 ; (V) clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii) . . ... . -----------····- ·----- - - · - - - - - - - - - - - - - - - - - - - All improvements installed by Tenant, with or without Landlord's consent, become t,e property of Landlord upon termination. Landlord may nevertheless require Tenant to remove any such improvement that did not exist at the tir:ie :Jossession was made available to Tenant. 25. BREACH OF CONTRACT/EARLY TERMINATION: In event Tenant, prior to expiration of tr,.s agreement, breaches any obligation in this agreement, abandons the premises, or gives notice of tenant's intent to terminate this tenancy prior to its expiration, in addition to any obligations established by paragraph 24, Tenant shall also be responsible for lost rent, rental commissions, advertisinJexpenses. and painting costs necessary to ready Premises for re-rental. Landlord may also recover from Tenant: (I) the worth , at the lime of award, of the unpaid Rent that had been earned at lhe lime of termination; (II) the worth, at the time of award, of the amount by which the unpaid Rent tha• would have been earned after expiration until the time of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (iii) the worth, at the time of award, of the amount by which the unpaid Rent for the balance of the term after the time of award ex,;eeds the amount of such rental loss that Tenant proves could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long ..s Landlord does not terminate Tenant's right to possession , by either written notice of termination of possession or by reletting the Premises to another w'1o takes possession, and Landlord may enforce all Landlord's rights and remedies under this agreement, including the right to recover the Rent as it becomes due. 26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete such restoration within 90 days from the date 'JI damage, subject to the terms of this parag·aph, this agreement shall remain in full force and effect. If Landlord is unable to restore the Premises within this time, or if Landlord elects not to ~evtore, then either Landlord or Tenant may terminate this agreement by giving the other written notice. Rent shall be abated as ot the date of damagJ. The abated amount shall be the current monthly Base Rent prorated on a 30-day basis. If this agreement is not terminated, and lhe damage is not repaired, then Rent shall be reduced based on the extent to which the damage interferes with Tenant's reasonable use of the Premises. If total or partial destruction or damage occurs as a result ot an act of Tenant or Tenant's guests, (I) only Landlord shall have the right, at Landlord's sole aiscretion, within 30 days after such total or partial destruction or damage to treat the lease as terminated by Tenant, 4ii):lLandlord shall have the right to recover damages from Tenant. 27. HAZARDOUS MATERIALS; Tenant shall not use, store, generate, release or dispose ot any hazardous material on the Premises or the property of which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of Tenant's business provided that Tenant complies with all applicable Laws related to tr e hazardous materials. Tenant is responsible for the cost of removal and remediation, or any clean-up of any contamination caused by Tenant. 28. CONDEMNATION: If all or part of the Premises is condemned for public use, either part:,, may terminate this agreement as of the date possession is given to the condemner. All condemnation proceeds, exclusive of those allocated i:.,y the condemner to Tenant's relocation costs and trade fixtures, belong to Landlord. 29. INSURANCE: Tenant's personal property, fixtures, equipment, inventory and vehicles .ire not insured by Landlord against loss or damage due to fire, theft, vandalism, rain, water, criminal or negligent acts ot others, or any other cause Tenant is to carry Tenant's own property insurance to protect Tenant from any such loss. In addition, Tenant shall carry (i) liability insurance in an amount of not less than $1,000,000.00 and (ii) property insurance in an amount sufficient to cover the replacement cost of the prope,1y it Tenant is responsible for maintenance under paragraph 17B. Tenant's insurance shall name Landlord and Landlord's agent as additional insured. Tenant. upon Landlord's request, shall provide Landlord with a certificate of insurance establishing Tenant's compliance. Landlord shall maintain li?bility insurance insuring Landlord, but not Tenant, in an amount of at least $2,000,000.00 , plus property insurance in an amount sufficient to cover the replacement cost of the property unless Tenant is responsible for maintenance pursuant to paragraph 17B. Tenant is advised to carry business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for loss or damage covered by insurance. Landlord's Initials ( ~ ) (_ .. Tenant's Initials ( J L.:-:-.. ) (_ __ _ _ CL REVISED 12/15 (PAGE 3 OF 6) COMMERCIAL LEASE AGREEMENT (CL PAGE 3 OF 6) Produced with Lone Wo lf Transactions (zipForm Edition} 231 Shearson Cr. Cambridge. Ont. •io, Canada NlT 1J5 www.lwolf.com 309 e 12111· Premises: 309 East 12th Street, Los Angeles, CA 90015 . _ .... _ . ·--·- - - - - - -·-·-----·------ Date _J_un_e_1~0,~2_0_2_1_ _ _ _ __ 30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE): Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancy st !lament shall acknowledge that this agreement is unmodified and in full force, or in full force as modified, and state the modifications. Failure to comply with this requirement: (i) shall be deemed Tenant's acknowledgment that the tenancy statement is true and correct, and may be relied upon by a prospective lender or purchaser; and (ii) may be treated by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be held in confidence) reasonably requested by a prospective lender or bur&r. 31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's intere~t shall be substituted as Landlord under this agreement. Landlord will be released of any further obligation to Tenant regarding the security depos1·, only it the security deposit is returned to Tenant upon such transfer, or ii the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further liability to Tenant, upon Landlord's transfer. 32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first mortgage subsequently placed upon the real property of which the Premises are a part, dnd to any advances made on the security of the Premises, and to all renewals, modifications. consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into after execution of this agreement, Tenant's right to quiet possession of the Premises shall not be disturbed if Tenant is not in default and so long as Tenant pays the Rent and observes and performs all of the provisions of this agrnement. unless this agreement is otherwise terminated pursuant to its terms. If any mortgagee. trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien ot a mortgage, deed of trust, or ground lease, and gives written notice to Tenant, this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the date of recording. 33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant'!l financial documents and rental application are accurate. Tenant authOrizes Landlord and 8roker(s) to obtain Tenant's credit report at time ot af)i ,li,;.ation and periodically during tenancy in connection with approval, modification, or enforcement of this agreement. Landlord may cancel this ag1eement: (i) before occupancy begins, upon disapproval of the credit report(s) ; or (ii) at any time, upon discovering that information in Tenant's application is false. A negative credit report reflecting on Tenant's record may be submitted to a credit reporting agency, if Tenant fails to pay Rent or comply with any other obligation under this agreement. 34. CONSTRUCTION-RELATED ACCESSIBILITY STANDARDS: Landlord states that tile Premises= has, or){ has not been inspected by a Certified Access Specialist. If so, Landlord states that the Premises = has, or X has not been determined to meet all applicable construction- related accessibility standards pursuant to Civil Code Section 55.53. 35. DISPUTE RESOLUTION: A. MEDIATION: Tenant and Landlord agree to mediate any dispute or claim ariii~g between them out ol this agreement, or any resulting transaction, before resorting to arbitration or court action, subject to paragraph 358(2) below. Paragraphs 358(2) and (3) apply whether or not the arbitration provision is initialed. Mediation fees, if any, shall be divided equally among the parties involved. If for any dispute or claim to which this paragraph applies, any party commences an action without first attempting to resolve the matter through mediation. or refuses to mediate after a request has been made, then that party shall not be entitled to recover attorney fees, even ii they would otherwise be available to that party in any such action. THIS MEDIATION PROVISION APPLlfS WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. B. ARBITRATION OF DISPUTES: (1) Tenant and Landlord agree that any dispute 01 claim in Law or equity arising between them out of this agreement or any resultlng transaction, which Is not settled through ml:ldiarion, shall be decided by neutral, binding arbitration, Including and subject to paragraphs 356(2) and (3) below. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of real estate transactional law experience, unless the parties mutually agree to a different arbitrator, who shall render an award in accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part Ill, Title 9 of the California Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered in any court hav